When does placing fill in a wetland or disturbing a stream for construction require a federal permit? Seems like this should evoke a pretty straightforward answer. However, for more than a decade the extent of federal permitting regulations has been unclear. Now EPA and the Army Corps of Engineers (ACOE) are attempting, once again, to
Hazardous Waste (RCRA) and Retailers
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When most people think of businesses that handle hazardous waste, they think of manufacturing and other industrial companies. The classic image is the storage of 55 gallon drums marked with placards indicating the contents are hazardous.
In the last two years and unlikely sector has found themselves the focus hazardous waste enforcement and regulatory
Difference between “Classic” VAP and VAP MOA
In Ohio, the primary brownfield cleanup program is known as the Voluntary Action Program (VAP). Volunteers can cleanup their site to commercial/industrial or residential standards. Upon completing the cleanup the volunteer can receive a legal release from the State of Ohio (called a "Covenant-Not-to-Sue" or CNS).
The CNS under the VAP does not include a
TSCA Penalty Serves as Warning Regarding Non Compliance with Disclosure Requirements
In a very significant case, the Chief Administrative Law Judge (ALJ) for U.S. EPA imposed a $2.5 million dollar penalty against a manufacturer, Elementis Chromium, Inc. ("Elementis") for failing to submit a health study to EPA pursuant to the requirements of TSCA. The EPA imposed the large penalty despite the fact,
- Many of the
EPA’s Inspection Authority
An EPA inspector shows up at your facility unannounced and requests access to inspect your facility. Do you have to let them in? If you deny access, how likely is it that EPA will quickly gain access? What is the downside of making EPA go through the step of legally gaining access by obtaining a
What Does a Second Term for President Obama Mean for Environmental Regulation?
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Through out the long and contentious election process the focus of the debate was getting America back to work. Much of the debate centered on tax policy and budget cuts. However, the President was accused of "over-regulation" which Mitt Romney argued cooled the economic recovery.
As part of the debate over regulation, environmental regulation was
Federal Court Overturns EPA’s Interpretation of a “Single Source” for Title V Air Permitting
When the Title V permitting program was created it was sold as a way to simplify complex air permitting. U.S. EPA said that it would allow large facilities to aggregate all their air pollution sources under one permit. EPA indicated this would make it easier for businesses to track their requirements.
What emerged from this "simplified"
EPA Maintains Tailoring Rule Thresholds for Greenhouse Gas Permitting…But the Clock is Ticking
Last month, the D.C. Circuit Court of Appeals rejected challenges to U.S. EPA’s Tailoring Rule which establishes the permitting threshold for greenhouse gas (GHG) pollutants. On July 3rd, EPA issued a rulemaking that will maintain the current GHG thresholds for the immediate future. The question is how long before environmental groups push EPA to lower the thresholds?
Court Validates EPA’s Approach to Regulating Greenhouse Gases….What is next?
In perhaps the biggest environmental decision in decades, the D.C. Circuit Court of Appeals upheld all aspects of EPA’s complex regulation of greenhouse gases under the Clean Air Act. Each piece of EPA regulation was controversial, yet the Court validated the overall approach paving the way for future action by EPA.
Flashback several years ago, when the Obama Administration stated
U.S. EPA Proposes New P.M. 2.5 Federal Air Quality Standard
Under increasing pressure from the Courts, EPA announced on June 14th its proposed revision to the federal air quality standard for fine particles (microns less than 2.5). The last standard was 15 ug/m3 which was established in 1997. EPA is now proposing to lower the standard somewhere between 12 and 13 ug/m3.
Back in 2009, the Court